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(영문) 서울동부지방법원 2018.10.12 2017가합100862

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties concerned is a corporation established under the Passenger Transport Service Act with their members who hold E, while Defendant B served as the president of the Plaintiff’s association from April 10, 2013 to December 31, 2015, and Defendant C as the managing director of the Plaintiff’s association and Defendant D as the managing director of the Plaintiff’s association and the managing director of the Plaintiff’s association.

B. The Plaintiff Union (1) around June 2012, 2012, around 2012, LPG charging stations and ancillary facilities located in the Gangnam-gu Seoul Metropolitan Government F (hereinafter “GP filling stations”).

2) As to the instant lease agreement, the lease agreement between the lessor and the owner of the said filling station (hereinafter “G”) and the lessor, the lease period from September 1, 201 to August 31, 2014 (hereinafter “GGG”) is the same as the lease agreement between the lessor and the owner of the said filling station.

) In addition to taking over the status of a tenant, J W filling stations and ancillary facilities (hereinafter “I filling stations”) located in Yangcheon-gu Seoul Metropolitan Government I between H and H.

) At the time of the Government, the filling stations and ancillary facilities in K (hereinafter referred to as “K filling stations”).

(D) M filling stations and ancillary facilities in Gangseo-gu Seoul Metropolitan Government L (hereinafter referred to as “L filling stations”).

(2) On August 18, 2014, the Plaintiff Union requested H to conduct the affairs of transfer following the expiration of the contract to the effect that “The procedures for succession to the status of the leased object and the right to permit the charging business upon the expiration of the lease term of the Gangseo-gu Chungcheong District Office are immediately designated by the lessee or the transferee, and the location and time of the transfer and the transfer are specified and notified by specifying the items of the transfer and receipt.” However, H did not respond to the said request.

3. Since November 17, 2014, H notified the Plaintiff Union of the purport that H will take over the F charging station on the basis of December 12, 2014, and the Plaintiff Union reached a situation where it is impossible to delay the delivery procedure to H on November 20, 2014.